Do you do family law?

Deccan Law Practice does not do litigation files of any kind. We don't believe litigation is a good use of our time or your money. If both parties are amicable about coming to an arrangement, we are happy to document that agreement on behalf of one of the parties. The second party will need to obtain independent legal advice from another lawyer. We are happy to refer you to one of our many colleagues to get that done.

When is the best time to do a family agreement?

The best time to do a family agreement is before cohabitation. If you discuss the issues that can spoil a relationship before cohabitation, you are less likely to have unstated expectations that will later cause you problems. The best time to solve a problem is before it becomes a problem.

If you are already cohabiting, the best time to do a family agreement is before you get married or have children. Both marriage and parenthood legally entangle parties with each other in a way that cohabitation does not. A saver and a spender are not necessarily incompatible if they have discussed how financial incompatibilities will be resolved when they arise. And it is easier to choose a resolution mechanism while everyone is getting along.

If you are already married or co-parenting, the best time to do a family agreement is now. You have had a chance to identify the things that cause you concern. Discuss with your partner how you will resolve those issues while they are still small. And write down your agreement. A good agreement is better than a good court ruling.

What are the issues that I need to include in a family agreement?

There are four issues that can be decided by the court on a separation or divorce if you have not already documented them in a family agreement:

• division of assets, 
• spousal support, 
• custody & access of any children of the marriage, and 
• child support.

You also need to redo your Will. Your Will will be probated in the jurisdiction where you reside at the time of your death. In some cases, that means your whole Will is revoked by a divorce. In other cases, only the gifts and designations to your ex-spouse are revoked. Contact us to discuss your options.

How are assets divided?

Any assets acquired during the marriage, or whose value grows during the marriage, are generally divided equally between the parties. Some assets, like those acquired prior to the relationship, are exempt from division. And there are some cases in which the courts may order an unequal division of assets, or a lump sum payment in lieu of support obligations.

How is spousal support determined?

Spousal support is now determined according to federal spousal support guidelines.

How are custody and access determined?

The courts will seek to award custody based on the best interests of the child. But courts don't know the inner workings of your familial relationships, and they will start by default with equal and shared custody unless there is evidence that would be harmful to the child.

Access is the right of the child, not the right of the parent. Unless there is evidence that it is harmful for the child to have access to both parents, courts will default to something approximating shared custody.

The issues are discussed in greater detail here.

How is child support determined?

In most cases, child support is determined according to the income of payor, and depends on the jurisdiction of the payor. The tables can be found here.

I cannot afford a lawyer. What can I do?

If you cannot afford a lawyer, you can contact legal aid and apply for assistance.

If you are low income, but do not qualify for legal aid, you can try the Edmonton Community Legal Centre or Calgary Legal Guidance.

If neither of those options work out for you, the National Self-Rep Program may have some resources of assistance for you.